TŐKE AND OTHERS v. HUNGARY
Doc ref: 66147/13;29287/14;32187/14;47263/15 • ECHR ID: 001-182953
Document date: April 12, 2018
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FOURTH SECTION
DECISION
Application no. 66147/13 Tibor TŐKE against Hungary and 3 other applications (see appended table)
The European Court of Human Rights (Fourth Section), sitting on 12 April 2018 as a Committee composed of:
Vincent A. De Gaetano, President, Georges Ravarani, Marko Bošnjak, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants and their representatives is set out in the appended table.
The applicants ’ complaints under Article 6 § 1 of the Convention concerning the excessive length of civil proceedings were communicated to the Hungarian Government (“the Government”) . In some of the applications, complaints based on the same facts were also communicated under other provisions of the Convention.
The Court received friendly-settlement declarations under which the applicants agreed to waive any further claims against Hungary in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court ’ s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
The payment will constitute the final resolution of the cases.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify a continued examination of the applications. In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention .
Done in English and notified in writing on 3 May 2018 .
Liv Tigerstedt Vincent A. De Gaetano Acting Deputy Registrar President
APPENDIX
No.
Application no. Date of introduction
Applicant name
Date of birth /
Date of registration
Representative name and location
Other complaints under well-established case-law
Date of receipt of Government declaration
Date of receipt of Applicant ’ s declaration
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant/household
(in euros) [i]
66147/13
12/10/2013
Tibor Tőke
04/09/1946
Forstóber Gábor
Szombathely
25/08/2017
30/01/2018
8,000
29287/14
31/03/2014
Gyuláné Tímár
07/09/1939
Sziklai János
Budapest
28/02/2018
03/01/2018
5,000
32187/14
17/04/2014
(5 applicants)
Edit Rozália Urbán
19/01/1965
Dezsone Pecsi
04/09/1954
Endre Laszlo Balogh
27/01/1945
Ferenc Lajosne Bognar
31/12/1940
Judit Nagyne Suhajda
30/09/1972
Kiss Dániel Bálint
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -
01/03/2018
27/11/2017
5,200
47263/15
16/09/2015
Household
Lászlóné Siklódi
19/04/1957
László Siklódi
23/01/1956
28/02/2018
06/03/2018
5,200
[i] . Plus any tax that may be chargeable to the applicants.
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